Procedure and nuances of dismissal due to relocation. Sample application

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Published: 04/14/2016

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Dismissal due to relocation is regulated by Art. 80 of the Labor Code of the Russian Federation and refers to dismissal at the initiative of the employee. In this case, two-week work is mandatory , except in cases where continuation of work is impossible for a number of reasons, such as the transfer of a spouse to serve in another locality.

Life is an unpredictable thing, and its next surprise may be the need to move to another city. Such an act implies certain hassles associated not only with preparing for the move, but also with dismissal from the current place of work. How to resign when moving? And is it possible to do this without working legally?

• Legislation
• Dismissal procedure
• How to fill out an application correctly?
• Entry in the work book
• Is it possible to quit without working?
• Features of dismissal at the husband's place of duty

Legislative regulation

If a person urgently needs to move to a new place of residence, then dismissal is carried out on the basis of his application. A change of place of residence is a good reason for reducing or completely exempting from the working period.

Attention! In practice, many company managers decide to dismiss a citizen on the day of filing an application if there are people on staff who can easily cope with the specialist’s tasks.

The basic rules for dismissal are given in Part 3 of Art. 80. Here are the conditions under which the director of the organization must terminate the contract within the period specified in the application.

These conditions include:

• the employee has officially entered any educational institution;
• the citizen wishes to retire upon reaching the appropriate age;
• the employer independently violates the requirements of the Labor Code, which is recorded documented or by some other means by the employees of the enterprise;
• The employee's military spouse is transferred to another region.

If an employee simply decides to move, wanting to find a better job or live closer to family, then this is not considered a valid reason, so the employer has the right to insist on standard work, which lasts 14 days. Under such conditions, the specialist will have to negotiate with the director about reducing or canceling the work. To do this, when drawing up an application for dismissal, indicate all the circumstances due to which an urgent move is required.

Notice periods

You will have to work the standard two weeks. You can specify the desired date, but the employer is not obliged to meet it halfway. Although in practice, the parties sometimes manage to reach an agreement, and the employee leaves the company before two weeks have passed. Advice: plan your move in advance, do not take risks, hoping for the favor of the employer.

We remind you that two weeks begin to count from the next day after registration of the relevant application. For example, if you registered a document on November 1, then the two-week period begins on November 2. Calendar days are taken into account.

Yes, if you are a manager, the period of service increases to one month. Those on probation, on the contrary, notify the administration only three days in advance.

Some employees, after submitting an application, “go on sick leave” so as not to work. The work document is then asked to be sent by post. This is not very decent, but quite legal.

How to resign correctly

If an employee plans to change his place of residence, he is dismissed due to relocation at his own request.

The procedure is divided into successive stages:

• the citizen forms a statement in which he indicates the exact date when the working relationship needs to be terminated, and also makes a request to reduce the working period;
• the document is handed over to the employer, after which you need to wait for the director’s decision;
• if the employer agrees to accelerated termination of the agreement, then a bypass sheet is drawn up and filled out;
• the employee works for the required period, which may be several days;
• a dismissal order is issued;
• on the last day, the specialist receives his salary, other payments and personal documents.

Important! It is recommended to record the agreement on early termination of the contract in writing, for which the director of the company draws up a resolution on the received application.

Rules for drawing up an application

The process of terminating the contract begins with the help of a statement generated by an employee of the enterprise. Usually, each company has templates on which various documents are drawn up, so you just need to ask for a form that is filled out correctly. Such actions help prevent errors or inaccuracies.

It is allowed to draw up an application arbitrarily, but taking into account the following rules:

• on the top right side information about the company and the employee is indicated;
• the content includes the main reason for dismissal and reduction of the working period;
• the exact date is given when the citizen wishes to end his work activity;
• At the bottom, the date the document was drawn up is entered, and the specialist’s signature is also affixed.

To prevent misunderstandings with the employer, it is recommended to indicate a specific date of dismissal. The document is submitted to the director personally or through the secretary. You can use registered mail, but you will have to pay for delivery notice.

To simplify the process of interaction with management, it is recommended to attach documents to the application proving the need for an urgent move. For example, it is allowed to take a certificate of registration in another region, tickets for a train or other type of transport, as well as an order to transfer a military spouse to another subject of the Russian Federation.

Issuance of an order

If the manager agrees to urgently terminate the contract with a specific hired specialist, then an official order is issued based on the application received. For this, a standard T-8 form is used. The document is usually prepared by a specialist from the HR department, after which the completed order is submitted to the head of the company for signature.

Reference! Based on Order T-8, the necessary changes are made to the specialist’s personal card, as well as to the work book.

When filling out the order, indicate the name of the enterprise, order number and date of formation. The document is drawn up on the last day of work of the hired specialist. The date of conclusion of the employment contract and the date of termination of cooperation are given. Enter information about the employee and the reason for dismissal. Next, the signatures of the parties are placed. If the document does not have the employee’s signature, this is a reason to challenge the dismissal in court.

One copy of the order is given to the archive worker, and the second is sent to the accountant, which allows for correct settlements to be made with the employee. If the dismissed specialist is represented by a financially responsible person, then documentation confirming the absence of claims is attached to the order.

A standard entry about voluntary dismissal is placed in the work book, so a note about the urgent relocation of the employee is not required. This document is issued on the last day of work, and the citizen also receives a certificate of average earnings for 2 years, an extract from SZV-STAZH and a calculation of insurance premiums. With the help of a written application, a specialist can request other documents related to his work activity.

Payments upon dismissal

A full settlement is made with the resigning employee, for which the following payments are transferred:

• salary for hours worked;
• bonuses, additional payments or bonuses, as well as other incentive payments that are provided for by the company’s internal regulations;
• compensation that is established by the employment agreement;
• compensation for remaining days of rest that were not used by the specialist.

If a woman moves because of her husband, a military serviceman, transferred to another region, then, on the basis of Order of the Ministry of Defense No. 265, she is entitled to a special payment transferred from the budget and calculated on the basis of average earnings.

Regarding other stages

On the last day, when the work ends, the work book is handed over. There are no additional problems associated with this part of the procedure. If the manager refuses to issue a document, the other party goes to court to force him to comply with this requirement. For each day of delay, the employee in this case is charged a fee in the amount of the average salary.

At the final settlement, wages and various compensations are issued, if they are due depending on a particular status.

Is work required?

If a person simply decides to move, then by law the employer may require standard work, which lasts 14 days. But at the same time, you can reach a mutual agreement or take a vacation with subsequent dismissal. Some people apply for sick leave.

According to the law, it is allowed to draw up an agreement between the parties containing information about the exact date of dismissal and the period of employment. Often, according to this document, a citizen is entitled to additional payments. Practice shows that many company owners agree to shorten the working period if they receive evidence of the need for an urgent relocation of the employee. Sometimes dismissal is even offered on the day the application is submitted. This especially applies to situations if there is evidence of serious illness of relatives or other compelling reasons.

How many days in advance do I need to notify my employer and do I need to work 2 weeks?

An employee planning a move has the right to draw up an application at any time. However, he should count on the fact that the law determines the need to notify the employer 14 days before the intention to terminate the employment contract.

During this period, you may have to remain at work and perform your immediate duties. The issue of working up to 2 weeks in this case is controversial.

On the one hand, the Labor Code of the Russian Federation defines the obligation of a resigning employee to notify the employer of his decision. On the other hand, clause 3 of Art. 80 of the Labor Code of the Russian Federation determines that if there is a reason that does not allow performing work activities, the employee can be dismissed without working off.

However, whether relocation is considered such a basis or not is at the discretion of the parties. That is why an employee has a chance to leave without working if he explains to the manager that the move is urgent and that it is not possible to continue to stay in place.

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Where to go to resolve disputes?

With documentation of the offense, you can send a complaint to representatives of the following authorities:

• court;
• Labour Inspectorate;
• prosecutor's office

But you must be prepared for the fact that in this case the dismissal procedure and the trial itself will be delayed for several months. When contacting labor inspectors, dismissal occurs without work.

The main thing is that the offense be recorded by any available means. Video and photography is allowed. It is good if there are witnesses from whom written testimony is taken.

Regarding payments in case of dismissal

Any employees have the right to receive a payment. It contains the following elements, one or more:

1. Debt in connection with time actually worked. This includes travel allowances, harmful supplements, and bonuses.
2. Compensation for vacations remaining unused.
3. Accruals for sick leave.
4. Withholding taxes from individuals.
5. Other types of deductions - for alimony, loans, and so on.

Collective agreements may provide for other types of benefits for situations where such a dismissal procedure is taking place.